Appeal No. 1997-2036
Application No. 08/335,991
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992). Furthermore, "[t]hat knowledge can not come from
the applicant's invention itself." Oetiker, 977 F.2d at 1447,
24 USPQ2d at 1446.
The examiner has provided no teaching, suggestion or
implication from the prior art for the proposed modifications
of Brown. Although Blanks includes a channel on a vent cap,
there is no suggestion in Blanks to move a system of channels
from the inside of the disk drive cover to a cap exterior to
the disk drive, nor to move it then to the exterior of the
disk drive housing. Further, there is no suggestion in either
reference to reorient the channels of Brown to be all in a
plane parallel to the disk drive wall. The examiner has
merely used impermissible
hindsight to arrive at the claimed invention. Accordingly,
the examiner has failed to establish a prima facie case of
obviousness. Therefore, we must reverse the obviousness
rejection of claims 1 through 3.
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